California was the first state to legalize ridesharing services such as Uber and Lyft back in 2013. The California Public Utilities Commission created a new class of “Transportation Network Companies” that operated according to a separate set of rules from regulated taxicab services.
Since then, millions of people have utilized their services across the U.S. However, that means that your chance of getting into an Uber or Lyft accident is higher than before. Additionally, California’s legislation has left riders with an unprecedented dilemma: who is at fault if I get hurt?
That is a frequent question we hear at Grey Law. We have the resources you need to make a case against rideshare drivers and companies. Give us a call or contact us online to discuss your legal options!
Why Choose Our Uber Accident Attorney in Los Angeles?
At Grey Law, our rideshare accident attorney has handled multiple personal injury cases for clients. While recovering compensation cannot atone for your losses, it can help supplement loss of income, medical expenses, or changes to your quality of life. Our law firm has over 35 years of experience and we’ve recovered millions for our clients. More than $5 million alone have been awarded for accidents involving motor vehicles.
As a passenger, you are likely to sustain the following injuries:
- Brain injuries (TBI, concussions)
- Severe burns
- Broken bones, fractures
- Amputations
- Back sprains
- Spinal cord injuries
- Paralysis
- Nerve damage
- Internal injuries and bleeding
- Knee pain
- Bruises, lacerations, road rash
- PTSD and emotional trauma
Getting into a rideshare accident differs slightly from auto accidents that typically involve one person. Insurance often gets awarded depending on where a rideshare driver was before the accident and whether they were using the app. In fact, liability and insurance coverage are always complex concerns among client cases. Before we discuss what damages you might be able to recover, let’s talk more about liability.
Liability in an Uber or Lyft Accidents in Los Angeles
In 2014, California’s Labor Commissioner awarded an Uber driver more than $4,000 in business expenses after rejecting Uber’s stance that the driver was an independent contractor, not an employee.
When it comes to establishing fault, this is a distinction many states have yet to make. Uber alleged that its drivers are independent contractors, and thus the company is not involved in accidents. In states that agree with Uber’s classification, accident victims can only seek retribution from the individual driver instead of the company.
Independent contractors driving for rideshare companies use their private insurance policies. There is no guarantee that it’s sufficient for covering a passenger’s total damages. In California, however, it is feasible for a passenger to sue the rideshare company for damages based on strict liability laws if the courts agree that the driver is an employee and not an independent contractor.
Types of Rideshare Accidents
Knowing the most common types of accidents involving rideshares can help keep you and other passengers safe in an accident. It can also help differentiate the number of damages your attorney can recover if someone collides with your Uber or Lyft.
T-Bone Accident – T-bone accidents among rideshare drivers have been on the rise in recent years. Most drivers make illegal U-turns to pick up or drop off passengers. In doing so, they accidentally collide with oncoming vehicles.
Rear-End Collisions – When drivers stop unexpectedly or illegally, it can cause a rear-end accident to happen. It is a misconception that the driver that rear-ended is always at fault. When rideshare drivers don’t use the appropriate signals or give others enough time to respond, it can have a devastating impact.
Side Swipe – Side swipe accidents occur when rideshare drivers are distracted – whether they’re accepting another ride or trying to access the app.
What Damages Can I Collect After Filing an Uber Accident Lawsuit?
If you are involved in an Uber or Lyft accident in California, you may be able to sue the rideshare company as well as the driver. Strict liability laws hold an employer accountable for their employee’s actions on the job.
Thus, if a rideshare driver’s negligence caused your accident and the courts maintain that the driver is an employee, you and any other victims may sue negligent parties for:
- Any medical costs related to your injuries and treatment
- Loss of income from taking time off work to heal, attend doctor appointments, etc.
- Compensation for non-economic damages, such as pain and suffering
- Any other expenses your rideshare accident lawyer in LA may discover
Keep in mind that the statute of limitations in California is two years from the date of your injury. That is how long you have to bring a claim against the rideshare driver, rideshare company, and other negligent parties that share fault for your injuries.
Uber and Lyft Driver Liability Insurance in California
July 1, 2015, marked the first date California required rideshare drivers and companies to carry liability insurance coverage. Drivers receive insurance from Uber or Lyft under three periods:
- When they open the app and wait for a match
- When they’re on their way to pick up a passenger
- When the passenger enters and exits the vehicle
Most personal auto insurances do not provide coverage for rideshares. Instead, the driver must maintain primary liability insurance with certain minimums. Additionally, with that in mind, the rideshare company must also provide $1 million in liability coverage should a driver get into an accident for periods two and three, as listed above. These laws help close insurance gaps in ridesharing coverage to ensure passengers and pedestrians get the coverage they need.
How A Los Angeles Uber and Lyft Accident Lawyer Can Help With Your Case
Because the use of Uber and Lyft has increased exponentially in the past few years, so have accidents. Although it is a convenient way of getting around, it does not eliminate the risks of accidents.
If you have been involved in an Uber or Lyft accident while using one of these services, you have the right to pursue justice and compensation for your injuries and losses. Our Uber and Lyft accident lawyer in Los Angeles can help you with your case from start to finish as soon as possible to preserve evidence related to your claim.
Related Articles About Rideshare Accidents in Los Angeles
What To Do if You Got Hit by an Uber or Lyft Driver
If you got hit by an Uber or Lyft driver, here are the steps you should take to protect your health and your rights:
- Get medical attention for your injuries.
- Call the police and make a police report.
- Obtain information for drivers involved, such as name, driver’s license number, license plate number, insurance information, and phone number. In addition, if there are any witnesses, obtain their contact information as well.
- Take photos of damages, injuries, accident scenes, and anything else relevant to the accident.
- Contact an Uber or Lyft driver crash lawyer in Los Angeles as soon as possible.
What To Do if You’re a Passenger in an Uber or Lyft Accident
Rideshare accidents are slightly different if you were a passenger. If an Uber or Lyft employee was driving the vehicle that caused your injuries, you should file a compensation claim. If you and your attorney can establish negligence, your damages will be paid for by the guilty party. Read on to learn more about what you should do immediately after an accident and how to strengthen your claim to get maximum compensation.
AB5, Uber, And Sick Passenger Liability
Over the years, individuals have opted to request rideshares instead of emergency services to cut costs. But, when medical emergencies happen, you may feel responsible for any legalities that arise with the injured passenger. It’s always a good idea to understand the laws regarding rideshare drivers, especially your duty of care.
Are Uber & Lyft Drivers Employees or Independent Contractors?
Until recently, such drivers acted as independent contractors. One of the most important implications of this status is that it left them liable for a range of incidents that might occur while on the job. An independent contractor should have personal health insurance, and the vehicle driven should be in their name. The legal battle continues whether Uber and Lyft drivers should get considered as employees in California.
How to Recover Compensation From Uber and Lyft Accidents
You have every right to seek compensation for your injuries after a rideshare accident. Whether you sustained physical or emotional damage, they can both be costly. To successfully recover financial compensation and get justice for your injuries, consult with an attorney about your injury claim. We will gather any evidence of your accident, including medical bills, expert testimony, and property damage.
Is The Rideshare Company at Fault For an Accident?
If you have gotten hurt in an auto accident that was the fault of a rideshare driver, you do have legal options. Your rideshare lawyer will determine who was at fault and how to receive compensation for your damages. When it comes to establishing liability, you and your lawyer will also have to rely on experts and witnesses.
What Does Rideshare Insurance Cover?
Before you start working for Uber or Lyft, closely review their app’s insurance policy before signing up. Because you are using a personal vehicle for business use, most insurance policies have a strict distinction between the two. Uber and Lyft prioritize insurance based on driving “periods.” Your insurance should expand and pick up where they fail to cover you.
How Much is My Uber/Lyft Passenger Injury Case Worth?
There’s a variety of different kinds of damages available in an Uber/Lyft passenger injury case. Some are easily quantified, and others, like emotional trauma, can be hard to put a price tag on. Before you file a lawsuit, have an injury lawyer in LA review the financial value of your case first.
Frequently Asked Questions About Rideshare Accidents
- How do rideshare accidents happen?
Mishaps can happen when we least expect them. Here are the most common reasons behind Uber and Lyft accidents:- Distracted driving – talking on the phone, texting, switching radio stations, and eating are bad driving habits. Avoid them when you can to avoid getting into a severe crash or fender bender.
- Speeding – Rideshare drivers should always pay attention to speed limits, especially on unfamiliar roads.
- Little driving experience – Because Uber and Lyft require very little and both depend more on background checks, it allows inexperienced drivers a chance to transport passengers to their next destination.
- Hazardous conditions – Inexperienced drivers might not handle dangerous driving conditions well, such as fog or slippery, wet roads.
- Ignoring traffic signals and signs – This is a red flag. Ignoring a stop sign or speeding through a yellow traffic light puts everyone at risk.
- What are the types of rideshare accidents?
- Being a passenger in a rideshare vehicle
- Being the driver or passenger of another car that got hit by a rideshare driver
- Being the pedestrian, motorcyclist, or bicyclist on the receiving end of a rideshare crash
- If I feel fine after an accident, should I still see a doctor?
Yes! You should always see a medical professional and schedule follow-up appointments after an accident. You never know what type of injuries they will reveal. If you postpone or prolong your doctor’s visit, you hurt your chance of securing more compensation from the defendant. Sometimes the most “minor” fender bender can cause a life-threatening injury. - If I’m a passenger, could Uber or Lyft sue me?
No – any Los Angeles Uber and Lyft attorney would tell you that passengers are negligent-free in any car accident in California. That means you would never be at fault unless you had deliberately obstructed the driver’s view. - How long will it take to settle and for insurance to begin?
That depends on several factors. After our attorneys determine who is at fault or liable for your pain and suffering, we would investigate. After the discovery process, we begin litigating with the defendant(s) to settle. Most cases get done outside of court, but it may take additional time to file a lawsuit. Insurance is vastly more complicated. Uber and Lyft have a $1 million insurance policy for accidents. It goes into effect if the rideshare driver can prove they met the requirements in an accident.
Reach Out To A Skilled Los Angeles Uber and Lyft Attorney Today
Uber and Lyft accidents can be frightening and confusing. Entrusting your lawsuit with a personal injury lawyer in Los Angeles can give you peace of mind! You should always reach out to an expert who knows what to do, whether you are a rideshare driver involved in an accident or if you are a passenger in an Uber/Lyft accident.
To get in touch with our Los Angeles accident lawyers, call (323) 857-9500 for a free case evaluation. We will assess your accident and investigate the company and all negligent parties involved. Don’t delay your chance at compensation!